Shinkokuzai
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Shinkokuzai
In the criminal law of some countries with a civil law system, an ''Antragsdelikt'' (plural ''Antragsdelikte'') is a category of offense which cannot be prosecuted without a complaint by the victim. The same concept has been adopted in Japanese law under the name ''shinkokuzai'' ( ja, 親告罪, sc=Hani), in South Korean law under the name ''chingojoe'' ( ko, 친고죄), in the law of Taiwan (both during the early Republic period and post-1949 Taiwan) using various terms, in Dutch law under the name ''klachtdelict'', in Belgian law under the name ''klachtmisdrijf/crime de plainte'', and in Indonesian law under the name ''delik aduan''. Basic definition The term comes from the German language words ''Antrag'' (petition) and ''Delikt'' (offense, from Latin "dēlictum"). ''Antragsdelikte'' are similar to (but not identical) in definition to ''Ermächtigungsdelikte''. For example, in Austria the latter category includes such offenses as trespassing or fraud committed in an emergency s ...
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Criminal Law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the offender. History The first civilizations generally did not distinguish between civil law and criminal law. The first written codes of law were designed by the Sumerians. Around 2100–2050 BC Ur-Nammu, the N ...
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Strafgesetzbuch
''Strafgesetzbuch'' (), abbreviated to ''StGB'', is the German penal code. History In Germany the ''Strafgesetzbuch'' goes back to the Penal Code of the German Empire passed in the year 1871 on May 15 in Reichstag which was largely identical to the Penal Code of the North German Confederation from 1870. It came into effect on January 1, 1872. This ''Reichsstrafgesetzbuch'' (Imperial Penal Code) was changed many times in the following decades in response not only to changing moral concepts and constitutional provision granted by the ''Grundgesetz'', but also to scientific and technical reforms. Examples of such new crimes are money laundering or computer sabotage. The Penal Code is a codification of criminal law and the pivotal legal text, while supplementary laws contain provisions affecting criminal law, such as definitions of new types of crime and law enforcement action. The StGB constitutes the legal basis of criminal law in Germany. After the defeat of Nazi Germany, ...
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Child Abduction
Child abduction or child theft is the unauthorized removal of a Minor (law), minor (a child under the age of Age of majority, legal adulthood) from the Child custody, custody of the child's Parent, natural parents or Legal guardian, legally appointed guardians. The term ''child abduction'' includes two legal and social categories which differ by their perpetrating contexts: abduction by members of the child's family or abduction by strangers: * Parental child abduction is the unauthorized custody of a child by a family relative (usually one or both parents) without parental agreement and contrary to family law ruling, which may have removed the child from the care, access and contact of the other parent and family side. Occurring around parental Legal separation, separation or divorce, such parental or familial child abduction may include parental alienation, a form of child abuse seeking to disconnect a child from targeted parent and denigrated side of family. This is, by far, ...
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Battery (crime)
Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the act of creating apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person. Battery is defined at American common law as "any unlawful and or unwanted touching of the person of another by the aggressor, or by a substance put in motion by them". In more severe cases, and for all types in some jurisdictions, it is chiefly defined by statutory wording. Assessment of the severity of a battery is determined by local law. Generally Specific rules regarding battery vary among different jurisdictions, but some elements remain constant across jurisdictions. Battery generally requires that: # an offensive touch or contact is made upon the victim, instigated by the actor; and # the actor intends or knows that their action will cause the offensive touching. U ...
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Exhibitionism
Exhibitionism is the act of exposing in a public or semi-public context one's intimate parts – for example, the breasts, genitals or buttocks. The practice may arise from a desire or compulsion to expose themselves in such a manner to groups of friends or acquaintances, or to strangers for their amusement or sexual satisfaction, or to shock the bystander. Exposing oneself only to an intimate partner is normally not regarded as exhibitionism. In law, the act of exhibitionism may be called indecent exposure, "exposing one's person", or other expressions. History Public exhibitionism by women has been recorded since classical times, often in the context of women shaming groups of men into committing, or inciting them to commit, some public action. The ancient Greek historian Herodotus gives an account of exhibitionistic behaviors from the fifth century BC in '' The Histories''. Herodotus writes that: When people travel to Bubastis for the festival, this is what they do. Every ...
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Statutory Rape
In common law jurisdictions, statutory rape is nonforcible sexual activity in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, it is a generic term, and very few jurisdictions use the actual term ''statutory rape'' in the language of statutes. Different jurisdictions use many different statutory terms for the crime, such as ''sexual assault'' (SA), ''rape of a child'' (ROAC), ''corruption of a minor'' (COAM), ''unlawful sex with a minor'' (USWAM), ''carnal knowledge of a minor'' (CKOAM), ''sexual battery'' or simply ''carnal knowledge''. The terms ''child sexual abuse'' or ''child molestation'' may also be used, but ''statutory rape'' generally refers to sex between an adult and a minor past the age of puberty, and may therefore be distinguished from child sexual abuse. Sexual relations with a prepubescent child is t ...
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Diminished Responsibility
In criminal law, diminished responsibility (or diminished capacity) is a potential defense by excuse by which defendants argue that although they broke the law, they should not be held fully criminally liable for doing so, as their mental functions were "diminished" or impaired. Diminished capacity is a partial defense to charges that require that the defendant act with a particular state of mind. For example, if the felony murder rule does not apply, first degree murder requires that the state prove beyond a reasonable doubt that the defendant acted with premeditation, deliberation, and the specific intent to kill—all three are necessary elements of the state's case. If evidence exists, sufficient to create a reasonable doubt as to whether the defendant because of mental illness or "defect" possessed the capacity to premeditate, deliberate or form the specific intent to kill then the state cannot convict the defendant of first degree murder. This does not mean that the de ...
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Poaching
Poaching has been defined as the illegal hunting or capturing of wild animals, usually associated with land use rights. Poaching was once performed by impoverished peasants for subsistence purposes and to supplement meager diets. It was set against the hunting privileges of nobility and territorial rulers. Since the 1980s, the term "poaching" has also been used to refer to the illegal harvesting of wild plant species. In agricultural terms, the term 'poaching' is also applied to the loss of soils or grass by the damaging action of feet of livestock, which can affect availability of productive land, water pollution through increased runoff and welfare issues for cattle. Stealing livestock as in cattle raiding classifies as theft, not as poaching. The United Nations' Sustainable Development Goal 15 enshrines the sustainable use of all wildlife. It targets the taking of action on dealing with poaching and trafficking of protected species of flora and fauna to ensure their avail ...
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Pawnbroker
A pawnbroker is an individual or business (pawnshop or pawn shop) that offers secured loans to people, with items of personal property used as collateral. The items having been ''pawned'' to the broker are themselves called ''pledges'' or ''pawns'', or simply the collateral. While many items can be pawned, pawnshops typically accept jewelry, musical instruments, home audio equipment, computers, video game systems, coins, gold, silver, televisions, cameras, power tools, firearms, and other relatively valuable items as collateral. If an item is pawned for a loan (colloquially "hocked" or "popped"), within a certain contractual period of time the pawner may redeem it for the amount of the loan plus some agreed-upon amount for interest. In the United States the amount of time, and rate of interest, is governed by law and by the state commerce department policies. They have the same license as a bank, which is highly regulated. If the loan is not paid (or extended, if applica ...
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Distraint
Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury." Distraint typically involves the seizure of goods ( chattels) belonging to the tenant by the landlord to sell the goods for the payment of the rent. In the past, distress was often carried out without court approval. Today, some kind of court action is usually required, the main exception being certain tax authorities – such as HM Revenue and Customs in the United Kingdom and the Internal Revenue Service in the United States – and other agencies that retain the legal power to levy assets (by either seizure or distraint) without a court ...
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Electricity Theft
Electricity theft is the criminal practice of stealing electrical power. The practice of stealing electricity is nearly as old as electricity distribution. Electricity theft is accomplished via a variety of means, from methods as rudimentary as directly hooking to a power line, to Hacking of consumer electronics, manipulation of computerized Electricity meter, electrical meters. Electricity theft is most common in developing countries where Electrical grid, power grids deliver inadequate and unreliable power. The global cost of electricity theft was estimated at $96 billion every year. Some punishments for the crime include fines and incarceration. The electricity losses caused by the theft are classified as Losses in electrical systems, non-technical losses. History On March 27, 1886 it was reported that electricity espionage was accomplished by unscrupulous persons tapping into Edison Electricity in New York. The Superintendent of the power station sent a power surge into t ...
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Taking Without Owner's Consent
In England, Wales and Northern Ireland taking without owner's consent (TWOC), also referred to as unauthorised taking of a motor vehicle (UTMV) describes any unauthorised use of a car or other conveyance that does not constitute theft. A similar offence, known as taking and driving away, exists in Scotland. In police slang usage, ''twoc'' became a verb, with ''twocking'' and ''twockers'' (also spelled twoccing and twoccers) used respectively to describe car theft and those who perpetrate it: these usages subsequently filtered into general British slang. England and Wales Discussion Any unauthorised taking of a car is likely to cause distress and can cause significant inconvenience to the owner and his or her family, so this is an offence covering an everyday crime, yet one that often involves genuine emotions of personal invasion. Nevertheless, it is a summary offence defined under section 12(1) of the Theft Act 1968: Adopting the standard section 1 definition of theft would req ...
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